Texas: Final Authorization of State Hazardous Waste Management Program Revision, 13200-13205 [2012-5376]
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BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2011–0478; FRL–9643–7]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
The State of Texas has
applied to the EPA for Final
authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has determined that
these changes satisfy all requirements
needed to qualify for Final
authorization, and is authorizing the
State’s changes through this immediate
final action. The EPA is publishing this
rule to authorize the changes without a
prior proposal because we believe this
action is not controversial and do not
expect comments that oppose it. Unless
we receive written comments which
oppose this authorization during the
comment period, the decision to
authorize Texas’ changes to its
hazardous waste program will take
SUMMARY:
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effect. If we receive comments that
oppose this action, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect, and a separate document in the
proposed rules section of this Federal
Register will serve as a proposal to
authorize the changes.
DATES: This final authorization will
become effective on May 7, 2012 unless
the EPA receives adverse written
comment by April 5, 2012. If the EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take effect.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or email. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. You can view and
copy Texas’ application and associated
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publicly available materials from 8:30
a.m. to 4 p.m. Monday through Friday
at the following locations: Texas
Commission on Environmental Quality,
(TCEQ) 12100 Park S. Circle, Austin, TX
78753–3087, (512) 239–6079 and EPA,
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202–2733, phone number (214)
665–8533. Interested persons wanting to
examine these documents should make
an appointment with the office at least
two weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, (214)
665–8533, EPA Region 1445 Ross
Avenue, Dallas, Texas 75202–2733, and
email address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
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B. What decisions have we made in this
rule?
We conclude that the State of Texas’
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its
hazardous waste program with the
changes described in the authorization
application. The State of Texas has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
authorized for the requirements. Thus,
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the EPA will implement those
requirements and prohibitions in Texas
including issuing permits, until the
State is granted authorization to do so.
C. What is the effect of today’s
authorization decision?
The effect of this decision is that a
facility in the State of Texas subject to
RCRA will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. The State
of Texas has enforcement
responsibilities under its State
hazardous waste program for violations
of such program, but the EPA retains its
authority under RCRA sections 3007,
3008, 3013, and 7003, which include,
among others, authority to:
• Do inspections, and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
• Take enforcement actions after
notice to and consultation with the
State.
This action does not impose
additional requirements on the
regulated community because the
regulations for which the State of Texas
is being authorized by today’s action are
already effective under State law, and
are not changed by today’s action.
D. Why wasn’t there a proposed rule
before today’s rule?
The EPA did not publish a proposal
before today’s rule because we view this
as a routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, we will
withdraw this rule by publishing a
document in the Federal Register before
the rule becomes effective. The EPA will
base any further decision on the
authorization of the State program
changes on the proposal mentioned in
the previous paragraph. We will then
address all public comments in a later
final rule. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time. If we receive
comments that oppose only the
authorization of a particular change to
the State hazardous waste program, we
will withdraw only that part of this rule,
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13201
but the authorization of the program
changes that the comments do not
oppose will become effective on the
date specified in this document. The
Federal Register withdrawal document
will specify which part of the
authorization will become effective, and
which part is being withdrawn.
F. For what has Texas previously been
authorized?
The State of Texas initially received
final authorization on December 26,
1984 (49 FR 48300), to implement its
Base Hazardous Waste Management
Program. This authorization was
clarified in a notice published March
26, 1985 (50 FR 11858). Texas received
authorization for revisions to its
program, effective October 4, 1985 (51
FR 3952), February 17, 1987 (51 FR
45320), March 15, 1990 (55 FR 7318),
July 23, 1990 (55 FR 21383), October 21,
1991 (56 FR 41626), December 4, 1992
(57 FR 45719), June 27, 1994 (59 FR
16987), June 27, 1994 (59 FR 17273),
November 26, 1997 (62 FR 47947),
December 3, 1997 (62 FR 49163),
October 18, 1999 (64 FR 44836),
November 15, 1999 (64 FR 49673),
September 11, 2000 (65 FR 43246), June
14, 2005 (70 FR 34371), December 29,
2008, (73 FR 64252), and July 13, 2009
(74 FR 22469). The EPA incorporated by
reference Texas’ then authorized
hazardous waste program effective
December 3, 1997 (62 FR 49163),
November 15, 1999 (64 FR 49673),
December 29, 2008 (73 FR 64252) and
March 7, 2011 (76 FR 12285) effective
May 6, 2011.
On March 24, 2010, Texas submitted
a final complete program revision
application, seeking authorization of its
program revision in accordance with 40
CFR 271.21. In 1991, Texas Senate Bill
2 created the Texas Natural Resource
Conservation Commission (TNRCC)
which combined the functions of the
former Texas Water Commission and
the former Texas Air Control Board. The
transfer of functions to the TNRCC from
the two agencies became effective on
September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature,
2001, changed the name of the TNRCC
to the Texas Commission on
Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable
for phasing in the change of the agency’s
name. The TNRCC decided to make the
change of the agency’s name to the
TCEQ effective September 1, 2002. The
change of name became effective
September 1, 2002, and the legislative
history of the name change is
documented at (See, Act of June 15,
2001, 77th Leg. R. S., Ch 965, Section
18.01, 2001 Tex. Gen. Laws 1985). The
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TCEQ may perform any act authorized
by law either as the TNRCC or as the
TCEQ. Id. Therefore, references to the
TCEQ are references to TNRCC and to
its successor, the TCEQ.
The TCEQ has primary responsibility
for administration of laws and
regulations concerning hazardous waste.
The official State regulations may be
found in Title 30, Texas Administrative
Code, Chapters 305 and 335, effective
October 29, 2009. Some of the State
rules incorporate the Federal regulations
by reference. Texas Water Code Section
5.102 confers on the Texas Commission
on Environmental Quality the powers to
perform any acts necessary and
convenient to the exercise of its
jurisdiction. The TCEQ is authorized to
administer the RCRA program.
However, the Railroad Commission
(RRC) has jurisdiction over the
discharge, storage, handling,
transportation, reclamation, or disposal
of waste materials (both hazardous and
non hazardous) that result from the
activities associated with the
exploration, development, or
production of oil or gas or geothermal
resources and other activities regulated
by the RRC. A list of activities that
generate wastes that are subject to the
jurisdiction of the RRC is found at 16
Tex. Admin. Code Section 3.8(a)(30)
and at 30 Tex. Admin. Code § 335.1.
Such wastes are termed ‘‘oil and gas
wastes.’’ The TCEQ has responsibility to
administer the RCRA program, however,
hazardous waste generated at natural
gas or natural gas liquids processing
plants or reservoir pressure
maintenance or repressurizing plants
are subject to the jurisdiction of the
TCEQ until the RRC is authorized by
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EPA to administer those waste under
RCRA. The TCEQ jurisdiction over
Solid waste can be found at Chapter 361
of the Texas Health and Safety Code
Sections 361.001 through 361.754. The
TCEQ’s jurisdiction encompasses both
hazardous and nonhazardous, industrial
and municipal Solid waste. The
definition of Solid waste can be found
at Texas Health and Safety Code Section
361.003(34). When the RRC is
authorized by EPA to administer the
RCRA program for these wastes,
jurisdiction over such hazardous waste
will transfer from the TCEQ to the RRC.
The EPA has designated the TCEQ as
the lead agency to coordinate RCRA
activities between the two agencies. The
EPA is responsible for the regulation of
any hazardous waste for which TCEQ
has not been previously authorized.
Further clarification of the
jurisdiction between the TCEQ and the
RRC can be found in a separate
document. This document, a
Memorandum of Understanding (MOU),
became effective on May 31, 1998.
The TCEQ has the rules necessary to
implement EPA’s RCRA Clusters XVI
through XVIII including Post-Closure
Permit Requirement and Closure
Process (Checklist 174) and also
Hazardous Air Pollutant Standards for
Combustors: Interim Standards
(Checklist 197) revisions to the Federal
Hazardous Waste Program promulgated
from October 22, 1998, February 13,
2002 and July 1, 2005 through June 30,
2008. The adoption for RCRA Clusters
XVI through XVIII with Checklists 174
and 197 include changes to 30 Texas
Administrative Code Chapters 305 and
335. The Commissioners adopted these
rules on July 25, 2007 and the rules
became effective on October 29, 2009.
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The TCEQ authority to incorporate
Federal rules by reference can be found
at Texas Government Code Annotated
Section 311.027 (Vernon 1998) and
adoption of the hazardous waste rules in
general are pursuant to the following
statutory provisions: Tex. Water Code
Ann. Sections 5.1032000), effective
September 1995, as amended (TCEQ’s
authority to adopt any rules necessary to
carry out its powers and duties). Texas
did not adopt the Federal regulations 40
CFR part 266, subpart N, Appendix III
and also Appendices IV through XIII.
Therefore, the State is not authorized for
those regulations. The State has not
made program revisions to the Federal
Used Oil regulations in Checklist 214
therefore, EPA is excluding this portion
of the Federal regulations from this
Federal Register notice.
G. What changes are we approving with
today’s action?
On March 24, 2010, the State of Texas
submitted a final complete program
application, seeking authorization of
their changes in accordance with 40
CFR 271.21. We now make an
immediate final decision, subject to
receipt of written comments that oppose
this action, that the State of Texas’
hazardous waste program revision
satisfies all of the requirements
necessary to qualify for final
authorization. The State of Texas
revisions consist of regulations which
specifically govern Federal Hazardous
Waste revisions promulgated from
October 22, 1998, February 13, 2002 and
July 1, 2005 through June 30, 2008. The
adoption for RCRA Clusters XVI through
XVIII with Checklists 174 and 197 are
included in a chart with this document.
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13203
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
1. Post-Closure Permits Requirement and Closure Process.
(Checklist 174).
63 FR 56710–56735, October 22,
1998.
2. Hazardous Air Standards for
Combustors: Interim Standards.
(Checklist 197).
67 FR 6792–6818 February 13,
2002.
3. Universal Waste Rule: Specific
Provisions for Mercury Containing Equipment. (Checklist
209).
70 FR 45508–45522, August 5,
2005.
4. Standardized Permit for RCRA
Hazardous Waste Management
facilities. (Checklist 210).
70 FR 53420–53478, September
8, 2005.
5. Revision of Wastewater Treatment Exemptions for Hazardous
Waste Mixtures (‘‘Headworks exemption’’). (Checklist 211).
6. NESHAP: Final Standards for
Hazardous Waste Combustors
(Phase I Final Replacement
Standards and Phase II). (Checklist 212).
70 FR 57769–57785, October 4,
2005.
7.
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Description of federal requirement
(include checklist #, if relevant)
71 FR 16862–16915, April 4, 2006
Texas Water Code Annotated Sections 5.103 and 5.105, 7.031,
Texas Health & Safety Code Annotated Section 361.024, 361.082;
Texas Administrative Code, Chapter 335.151(d), 335.2(m),
335.151(e) and 335.156(a)(3) intro, 335.156(a)(3)(A), 335.1(9),
335.151(e)(2) and 335.156(a)(3)(B), IBR at 335.152(a)(5),
335.151(e) intro, 335.151(f) and 335.156(a)(4), 335.151(e)(1),
335.151(e)(2), 335.7, 335.167(c), 335.179(a), 37.11, 37 Subchapter
P (37.6001 et seq.), IBR at 335.112(a)(5) and 335.116(g) intro,
335.116(g)(1), 335.116(g)(2), 335.112(a)(6), 335.111(e)(1) intro,
335.111(e)(2), 335.111(d) intro, 335.111(d)(1), 335.111(d)(2),
336.167(c), 335.111(d)(3), Chapter 39 Subpart N, 335.118(c),
335.119(c), Chapter 39 Subchapter N, 335.7, 335.111(d)(4),
335.167(c), 335.179(a), 37.11, 37 Subchapter P (37.6001 et seq.),
335.2(i), 305.2(28), 335.1(117), 305.41, 305.50(a) intro,
305.50(a)(4)(A) and 305.50(b) intro, 305.50(b)(1)–(3), 305.2(1),
305.42(a), 305.43(b), 305.47, 305.50(b)(5)–(b)(7), 305.156(a)(1) &
(a)(2), as amended effective through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024;
Texas
Administrative
Code,
Chapters
335.152(a)(13),
335.112(a)(14),
335.221(a)(1),
305.50(a)(4)(A),
305.571(b),
305.175, 305.571(b) and 305.572(a)(6), as amended effective
through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section, 361.017 and 361.024,
Texas Administrative Code, Chapters 335.261(b)(16)(F)(iii),
335.1(162), 335.431(b)(3), and 335.261(a), as amended effective
through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105 Texas
Health & Safety Code Annotated Sections 361.017 and 361.024
Texas Administrative Code, Chapters 39.503, 39.403(b)(1),
335.1(111), 335.602, 335.1(142), 335.1, 305.661, 39.503(a),
39.503(a)(2), 39.503(c), 305.650, 305.651, 305.42(f), 50.133,
305.651, 305.653(b), 55.156 and 50.117(f), 50.139, 305.661,
335.1(59), 305.150 and 335.31, 335.504, 335.601, 335.602(a)(1)–
(6), 335.602(c), 335.602(a)(7)–(9), 335.2(c), 305.42(b), 305.63(a),
305.64(g), 305.69(b)(1)(c), 305.66(a), 305.65, 305.650, 305.651,
305.652, 305.653, 305.654, 305.655, 305.656, 305.657, 305.658,
305.659, 305.660 and 305.661, as amended effective through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Sections 361.017 and 361.024,
Texas Administrative Code Chapter 335.504, as amended effective
through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Sections 361.017 and 361.024,
Texas Administrative Code, Chapters 305.150, 335.152(a)(13),
335.112(a)(14),
335.221(a)(3),
305.150,
305.50(a)(15),
305.50(a)(4)(A), 305.571(b) and 305.50(a)(4)(A), 305.50(a)(16),
305.69(i)(1),
305.69(k)(L)(10),
305.175,
305.571,
and
305.572(a)(6), as amended effective through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Sections 361.017 and 361.024,
Texas Administrative Code, Chapters 335.504, 335.1(134)(A)(iv),
IBR 335.2(g), 335.152(a)(1), 335.152(a)(3)–(4), 335.164(7)(B)–(C),
335.165(6)–(7), 335.166(7), 335.152(a)(5)–(8), 335.152(a)(10),
335.172(b),
335.175(a),
335.175(b)–(d),
335.175(c),
335.152(a)(13)–(15),
335.152(a)(18),
335.152(a)(20),
335.112(a)(1), 335.112(a)(3)–(13), 335.125(a), 335.125(b)–(f),
335.125(f),
335.112(a)(18),
335.112(a)(20),
335.112(a)(22),
335.221(a)(6),
335.224(11),
335.221(a)(14),
335.431(c)(1),
305.45(a)(6) and 305.50(a)(1), 305.144(1), 305.69(k)(O) Appendix
I, as amended effective through October 29, 2009.
Burden Reduction
(Checklist 213).
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14:52 Mar 05, 2012
70 FR 59402–59579, October 12,
2005.
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Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
8. Corrections to Errors in the Code
of Federal Regulations. (Checklist 214).
71 FR 40254–40280, July 14,
2006.
9.
Rule.
71 FR 42928–42949, July 28,
2006.
10. Exclusion of Oil-Bearing Secondary Materials Processed in a
Gasification System to Produce
Synthesis Gas. (Checklist 216).
11. NESHAP: Final Standards for
Hazardous Waste Combustors
(Phase I Final Replacement
Standards and Phase II) Amendments. (Checklist 217).
12. F019 Exemption for Wastewater Treatment Sludges from
Auto
Manufacturing
Zinc
Phosphating Processes. (Checklist 218).
73 FR 57–72, January 2, 2008 .....
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Sections 361.017 and 361.024,
Texas Administrative Code, Chapters 335.1(76), 335.1(112),
335.1(162), 335.1(167), 335.29(4), 335.22, 335.23, 335.504(1),
335.504(1), 335.504(3), 335.504(2), 335.29(4), 335.29(3),
335.69(a)(1)(D),
335.13,
335.13(h),
335.76,
335.41(d)(4),
335.76(h),
335.24(b),
335.152(a)(1),
335.163(1)(A),
335.163(1)(A)(i), 335.163(9)(E), 335.164(1)(B), 335.164(7)(D)(i),
335.165(11), 335.152(a)(5), 335.179(b), 37.211(f), 37.211(g),
37.241(f), 37.201(f)(1)-(2), 37.231(f), 37.261(a)–(e), 37.231(a),
37.211(c), 37.651, 37.351, 37.661(2), 37.661(13)–(14), 37.531(c)–
(d), 37.621, 37.311, 37.611, 37.671(a), 37.671(3), 37.671(12),
37.671(16), 335.152(a)(8), 335.168(c), 335.29(2) 335.168(e)(1)(A)–
(C),
335.152(a)(9)–(10),
335.170(a)(1),
335.152(a)(10),
335.172(c)(7),
335.172(d),
335.152(a)(11),
335.173(a)(3),
335.173(e)(1)(b), 335.152(a)(12), 335.175(d)(2), 335.152(a)(13)–
(20) 335.112, 335.112(a)(1), 335.112(a)(3), 335.116(d), 335.118(b),
335.112(a)(6), 37.6001, 37.6021, 37.531, 335.112(a)(8)–(13),
335.125, 335.112(a)(16), 335.112(a)(18)–(19), 335.112(a)(21),
335.112(a)(22), 335.112(a)(24)(A), (D), and (E), 334.241(a),
335.251, 335.221(a)(1), 335.223(a), 335.221(a)(6), 335.221(a)(8),
335.221(a)(10),
335.224(5),
335.221(a)(11),
335.221(a)(13),
335.221(a)(17), 335.221(a)(20), 37.351, 335.431(c)(1), Chapter 335
Index, 335.2(a)–(c), 335.47(a)(1), 335.41(d)(2), 335.1(105),
335.1(123),
305.50(a)(8),
305.44(b),
305.45(a)(7)(G),
305.50(a)(4)(A), 305.122(a), 335.201(a), 305.69(e)(2)(A), 306.69
Appendix I, 305.42(b), 335.261(b)(16)(F), 335.261(a), Chapter 324,
as amended effective through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, 7.031,
Texas Health & Safety Code Annotated Section 361.024, 361.082;
Texas Administrative Code, Chapters 335.1(17), 335.1(35),
335.1(36), 335.1(37), 335.1(138)(A)(iv), as amended effective
through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024;
Texas Administrative Code, Chapter 335.1(64), 335.504(1), as
amended effective through October 29, 2009.
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024;
Texas Administrative Code, Chapter 335.152(a)(13) and
335.221(a), as amended effective through October 29, 2009.
Cathode Ray
(Checklist 215).
Tubes
73 FR 18970–18984, April 8, 2008
73 FR 31756–31769, June 4,
2008.
pmangrum on DSK3VPTVN1PROD with RULES
H. Where are the revised State rules
different from the Federal rules?
The State hazardous waste program is
at least as equivalent to the Federal
program in all areas, except where the
State program is more stringent and
broader in scope. The State of Texas
Section 305.50(b)(1) is more stringent
than the Federal program, because the
State request from the owner/operator
additional information that the
executive director determines is
necessary from 40 CFR 270.14 including
post-closure cost estimates. Chapters
39.503, 305.653(b) through 305.661,
55.25 and 50.117(f) are more stringent
than the Federal regulations at 40 CFR
124.207, 124.208 and 124.209 regarding
public notice, public comments and
hearing on draft permit decisions and
VerDate Mar<15>2010
14:52 Mar 05, 2012
Jkt 226001
Texas Water Code Annotated Sections 5.103 and 5.105, Texas
Health & Safety Code Annotated Section 361.017 and 361.024;
Texas Administrative Code, Chapter 335.504(2), as amended effective through October 29, 2009.
the requirements for responding to
comments. Other State regulations that
are also more stringent than the Federal
regulations can be found at Sections
335.175(b)–(d), 335.175(c). There are
also some rules that are broader in scope
because they cover both hazardous
waste and Class 1 non-hazardous waste,
whereas the Federal regulations cover
only hazardous waste. Other differences
contained in the current authorization
application are that of the Standard
Permit public notice and financial
assurance requirements are broader in
scope. Therefore, EPA cannot authorize
broader in scope provisions because the
Agency cannot enforce those
regulations.
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Fmt 4700
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I. Who handles permits after the
authorization takes effect?
The State of Texas will issue permits
for all the provisions for which it is
authorized and will administer the
permits it issues. The EPA will continue
to administer any RCRA hazardous
waste permits or portions of permits
which we issued prior to the effective
date of this authorization. We will not
issue any more new permits or new
portions of permits for the provisions
listed in the Table in this document
after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Texas is not yet
authorized.
E:\FR\FM\06MRR1.SGM
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Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Rules and Regulations
J. How does today’s action affect Indian
Country (18 U.S.C. 1151) in Texas?
The State of Texas Hazardous
Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA
codifying Texas’ hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart SS for this
authorization of Texas’ program changes
until a later date. In this authorization
application the EPA is not codifying the
rules documented in this Federal
Register notice.
pmangrum on DSK3VPTVN1PROD with RULES
L. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
VerDate Mar<15>2010
14:52 Mar 05, 2012
Jkt 226001
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
PO 00000
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Fmt 4700
Sfmt 9990
13205
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective May 7, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 17, 2012.
Al Armendariz,
Regional Administrator, EPA Region 6.
[FR Doc. 2012–5376 Filed 3–5–12; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Rules and Regulations]
[Pages 13200-13205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5376]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2011-0478; FRL-9643-7]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The State of Texas has applied to the EPA for Final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Texas' changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will become effective on May 7, 2012
unless the EPA receives adverse written comment by April 5, 2012. If
the EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to the EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. You can view and
copy Texas' application and associated
[[Page 13201]]
publicly available materials from 8:30 a.m. to 4 p.m. Monday through
Friday at the following locations: Texas Commission on Environmental
Quality, (TCEQ) 12100 Park S. Circle, Austin, TX 78753-3087, (512) 239-
6079 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number (214) 665-8533. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region
1445 Ross Avenue, Dallas, Texas 75202-2733, and email address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
B. What decisions have we made in this rule?
We conclude that the State of Texas' application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its hazardous waste program with
the changes described in the authorization application. The State of
Texas has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in Texas including
issuing permits, until the State is granted authorization to do so.
C. What is the effect of today's authorization decision?
The effect of this decision is that a facility in the State of
Texas subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. The State of Texas has enforcement responsibilities
under its State hazardous waste program for violations of such program,
but the EPA retains its authority under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, and are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For what has Texas previously been authorized?
The State of Texas initially received final authorization on
December 26, 1984 (49 FR 48300), to implement its Base Hazardous Waste
Management Program. This authorization was clarified in a notice
published March 26, 1985 (50 FR 11858). Texas received authorization
for revisions to its program, effective October 4, 1985 (51 FR 3952),
February 17, 1987 (51 FR 45320), March 15, 1990 (55 FR 7318), July 23,
1990 (55 FR 21383), October 21, 1991 (56 FR 41626), December 4, 1992
(57 FR 45719), June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR
17273), November 26, 1997 (62 FR 47947), December 3, 1997 (62 FR
49163), October 18, 1999 (64 FR 44836), November 15, 1999 (64 FR
49673), September 11, 2000 (65 FR 43246), June 14, 2005 (70 FR 34371),
December 29, 2008, (73 FR 64252), and July 13, 2009 (74 FR 22469). The
EPA incorporated by reference Texas' then authorized hazardous waste
program effective December 3, 1997 (62 FR 49163), November 15, 1999 (64
FR 49673), December 29, 2008 (73 FR 64252) and March 7, 2011 (76 FR
12285) effective May 6, 2011.
On March 24, 2010, Texas submitted a final complete program
revision application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the
Texas Natural Resource Conservation Commission (TNRCC) which combined
the functions of the former Texas Water Commission and the former Texas
Air Control Board. The transfer of functions to the TNRCC from the two
agencies became effective on September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature, 2001, changed the name of the
TNRCC to the Texas Commission on Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable for phasing in the change of
the agency's name. The TNRCC decided to make the change of the agency's
name to the TCEQ effective September 1, 2002. The change of name became
effective September 1, 2002, and the legislative history of the name
change is documented at (See, Act of June 15, 2001, 77th Leg. R. S., Ch
965, Section 18.01, 2001 Tex. Gen. Laws 1985). The
[[Page 13202]]
TCEQ may perform any act authorized by law either as the TNRCC or as
the TCEQ. Id. Therefore, references to the TCEQ are references to TNRCC
and to its successor, the TCEQ.
The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste. The official State regulations
may be found in Title 30, Texas Administrative Code, Chapters 305 and
335, effective October 29, 2009. Some of the State rules incorporate
the Federal regulations by reference. Texas Water Code Section 5.102
confers on the Texas Commission on Environmental Quality the powers to
perform any acts necessary and convenient to the exercise of its
jurisdiction. The TCEQ is authorized to administer the RCRA program.
However, the Railroad Commission (RRC) has jurisdiction over the
discharge, storage, handling, transportation, reclamation, or disposal
of waste materials (both hazardous and non hazardous) that result from
the activities associated with the exploration, development, or
production of oil or gas or geothermal resources and other activities
regulated by the RRC. A list of activities that generate wastes that
are subject to the jurisdiction of the RRC is found at 16 Tex. Admin.
Code Section 3.8(a)(30) and at 30 Tex. Admin. Code Sec. 335.1. Such
wastes are termed ``oil and gas wastes.'' The TCEQ has responsibility
to administer the RCRA program, however, hazardous waste generated at
natural gas or natural gas liquids processing plants or reservoir
pressure maintenance or repressurizing plants are subject to the
jurisdiction of the TCEQ until the RRC is authorized by EPA to
administer those waste under RCRA. The TCEQ jurisdiction over Solid
waste can be found at Chapter 361 of the Texas Health and Safety Code
Sections 361.001 through 361.754. The TCEQ's jurisdiction encompasses
both hazardous and nonhazardous, industrial and municipal Solid waste.
The definition of Solid waste can be found at Texas Health and Safety
Code Section 361.003(34). When the RRC is authorized by EPA to
administer the RCRA program for these wastes, jurisdiction over such
hazardous waste will transfer from the TCEQ to the RRC. The EPA has
designated the TCEQ as the lead agency to coordinate RCRA activities
between the two agencies. The EPA is responsible for the regulation of
any hazardous waste for which TCEQ has not been previously authorized.
Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998.
The TCEQ has the rules necessary to implement EPA's RCRA Clusters
XVI through XVIII including Post-Closure Permit Requirement and Closure
Process (Checklist 174) and also Hazardous Air Pollutant Standards for
Combustors: Interim Standards (Checklist 197) revisions to the Federal
Hazardous Waste Program promulgated from October 22, 1998, February 13,
2002 and July 1, 2005 through June 30, 2008. The adoption for RCRA
Clusters XVI through XVIII with Checklists 174 and 197 include changes
to 30 Texas Administrative Code Chapters 305 and 335. The Commissioners
adopted these rules on July 25, 2007 and the rules became effective on
October 29, 2009. The TCEQ authority to incorporate Federal rules by
reference can be found at Texas Government Code Annotated Section
311.027 (Vernon 1998) and adoption of the hazardous waste rules in
general are pursuant to the following statutory provisions: Tex. Water
Code Ann. Sections 5.1032000), effective September 1995, as amended
(TCEQ's authority to adopt any rules necessary to carry out its powers
and duties). Texas did not adopt the Federal regulations 40 CFR part
266, subpart N, Appendix III and also Appendices IV through XIII.
Therefore, the State is not authorized for those regulations. The State
has not made program revisions to the Federal Used Oil regulations in
Checklist 214 therefore, EPA is excluding this portion of the Federal
regulations from this Federal Register notice.
G. What changes are we approving with today's action?
On March 24, 2010, the State of Texas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
the State of Texas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The
State of Texas revisions consist of regulations which specifically
govern Federal Hazardous Waste revisions promulgated from October 22,
1998, February 13, 2002 and July 1, 2005 through June 30, 2008. The
adoption for RCRA Clusters XVI through XVIII with Checklists 174 and
197 are included in a chart with this document.
[[Page 13203]]
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include (and/or RCRA Analogous state
checklist , if statutory authority
relevant) authority)
------------------------------------------------------------------------
1. Post-Closure Permits 63 FR 56710- Texas Water Code
Requirement and Closure 56735, October Annotated Sections
Process. (Checklist 174). 22, 1998. 5.103 and 5.105,
7.031, Texas Health
& Safety Code
Annotated Section
361.024, 361.082;
Texas Administrative
Code, Chapter
335.151(d),
335.2(m), 335.151(e)
and 335.156(a)(3)
intro,
335.156(a)(3)(A),
335.1(9),
335.151(e)(2) and
335.156(a)(3)(B),
IBR at
335.152(a)(5),
335.151(e) intro,
335.151(f) and
335.156(a)(4),
335.151(e)(1),
335.151(e)(2),
335.7, 335.167(c),
335.179(a), 37.11,
37 Subchapter P
(37.6001 et seq.),
IBR at 335.112(a)(5)
and 335.116(g)
intro,
335.116(g)(1),
335.116(g)(2),
335.112(a)(6),
335.111(e)(1) intro,
335.111(e)(2),
335.111(d) intro,
335.111(d)(1),
335.111(d)(2),
336.167(c),
335.111(d)(3),
Chapter 39 Subpart
N, 335.118(c),
335.119(c), Chapter
39 Subchapter N,
335.7,
335.111(d)(4),
335.167(c),
335.179(a), 37.11,
37 Subchapter P
(37.6001 et seq.),
335.2(i), 305.2(28),
335.1(117), 305.41,
305.50(a) intro,
305.50(a)(4)(A) and
305.50(b) intro,
305.50(b)(1)-(3),
305.2(1), 305.42(a),
305.43(b), 305.47,
305.50(b)(5)-(b)(7),
305.156(a)(1) &
(a)(2), as amended
effective through
October 29, 2009.
2. Hazardous Air Standards for 67 FR 6792-6818 Texas Water Code
Combustors: Interim February 13, Annotated Sections
Standards. (Checklist 197). 2002. 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapters
335.152(a)(13),
335.112(a)(14),
335.221(a)(1),
305.50(a)(4)(A),
305.571(b), 305.175,
305.571(b) and
305.572(a)(6), as
amended effective
through October 29,
2009.
3. Universal Waste Rule: 70 FR 45508- Texas Water Code
Specific Provisions for 45522, August 5, Annotated Sections
Mercury Containing Equipment. 2005. 5.103 and 5.105,
(Checklist 209). Texas Health &
Safety Code
Annotated Section,
361.017 and 361.024,
Texas Administrative
Code, Chapters
335.261(b)(16)(F)(ii
i), 335.1(162),
335.431(b)(3), and
335.261(a), as
amended effective
through October 29,
2009.
4. Standardized Permit for 70 FR 53420- Texas Water Code
RCRA Hazardous Waste 53478, September Annotated Sections
Management facilities. 8, 2005. 5.103 and 5.105
(Checklist 210). Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024
Texas Administrative
Code, Chapters
39.503,
39.403(b)(1),
335.1(111), 335.602,
335.1(142), 335.1,
305.661, 39.503(a),
39.503(a)(2),
39.503(c), 305.650,
305.651, 305.42(f),
50.133, 305.651,
305.653(b), 55.156
and 50.117(f),
50.139, 305.661,
335.1(59), 305.150
and 335.31, 335.504,
335.601,
335.602(a)(1)-(6),
335.602(c),
335.602(a)(7)-(9),
335.2(c), 305.42(b),
305.63(a),
305.64(g),
305.69(b)(1)(c),
305.66(a), 305.65,
305.650, 305.651,
305.652, 305.653,
305.654, 305.655,
305.656, 305.657,
305.658, 305.659,
305.660 and 305.661,
as amended effective
through October 29,
2009.
5. Revision of Wastewater 70 FR 57769- Texas Water Code
Treatment Exemptions for 57785, October Annotated Sections
Hazardous Waste Mixtures 4, 2005. 5.103 and 5.105,
(``Headworks exemption''). Texas Health &
(Checklist 211). Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code Chapter
335.504, as amended
effective through
October 29, 2009.
6. NESHAP: Final Standards for 70 FR 59402- Texas Water Code
Hazardous Waste Combustors 59579, October Annotated Sections
(Phase I Final Replacement 12, 2005. 5.103 and 5.105,
Standards and Phase II). Texas Health &
(Checklist 212). Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code, Chapters
305.150,
335.152(a)(13),
335.112(a)(14),
335.221(a)(3),
305.150,
305.50(a)(15),
305.50(a)(4)(A),
305.571(b) and
305.50(a)(4)(A),
305.50(a)(16),
305.69(i)(1),
305.69(k)(L)(10),
305.175, 305.571,
and 305.572(a)(6),
as amended effective
through October 29,
2009.
7. Burden Reduction 71 FR 16862- Texas Water Code
Initiative. (Checklist 213). 16915, April 4, Annotated Sections
2006. 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code, Chapters
335.504,
335.1(134)(A)(iv),
IBR 335.2(g),
335.152(a)(1),
335.152(a)(3)-(4),
335.164(7)(B)-(C),
335.165(6)-(7),
335.166(7),
335.152(a)(5)-(8),
335.152(a)(10),
335.172(b),
335.175(a),
335.175(b)-(d),
335.175(c),
335.152(a)(13)-(15),
335.152(a)(18),
335.152(a)(20),
335.112(a)(1),
335.112(a)(3)-(13),
335.125(a),
335.125(b)-(f),
335.125(f),
335.112(a)(18),
335.112(a)(20),
335.112(a)(22),
335.221(a)(6),
335.224(11),
335.221(a)(14),
335.431(c)(1),
305.45(a)(6) and
305.50(a)(1),
305.144(1),
305.69(k)(O)
Appendix I, as
amended effective
through October 29,
2009.
[[Page 13204]]
8. Corrections to Errors in 71 FR 40254- Texas Water Code
the Code of Federal 40280, July 14, Annotated Sections
Regulations. (Checklist 214). 2006. 5.103 and 5.105,
Texas Health &
Safety Code
Annotated Sections
361.017 and 361.024,
Texas Administrative
Code, Chapters
335.1(76),
335.1(112),
335.1(162),
335.1(167),
335.29(4), 335.22,
335.23, 335.504(1),
335.504(1),
335.504(3),
335.504(2),
335.29(4),
335.29(3),
335.69(a)(1)(D),
335.13, 335.13(h),
335.76,
335.41(d)(4),
335.76(h),
335.24(b),
335.152(a)(1),
335.163(1)(A),
335.163(1)(A)(i),
335.163(9)(E),
335.164(1)(B),
335.164(7)(D)(i),
335.165(11),
335.152(a)(5),
335.179(b),
37.211(f),
37.211(g),
37.241(f),
37.201(f)(1)-(2),
37.231(f), 37.261(a)-
(e), 37.231(a),
37.211(c), 37.651,
37.351, 37.661(2),
37.661(13)-(14),
37.531(c)-(d),
37.621, 37.311,
37.611, 37.671(a),
37.671(3),
37.671(12),
37.671(16),
335.152(a)(8),
335.168(c),
335.29(2)
335.168(e)(1)(A)-(C)
, 335.152(a)(9)-
(10), 335.170(a)(1),
335.152(a)(10),
335.172(c)(7),
335.172(d),
335.152(a)(11),
335.173(a)(3),
335.173(e)(1)(b),
335.152(a)(12),
335.175(d)(2),
335.152(a)(13)-(20)
335.112,
335.112(a)(1),
335.112(a)(3),
335.116(d),
335.118(b),
335.112(a)(6),
37.6001, 37.6021,
37.531,
335.112(a)(8)-(13),
335.125,
335.112(a)(16),
335.112(a)(18)-(19),
335.112(a)(21),
335.112(a)(22),
335.112(a)(24)(A),
(D), and (E),
334.241(a), 335.251,
335.221(a)(1),
335.223(a),
335.221(a)(6),
335.221(a)(8),
335.221(a)(10),
335.224(5),
335.221(a)(11),
335.221(a)(13),
335.221(a)(17),
335.221(a)(20),
37.351,
335.431(c)(1),
Chapter 335 Index,
335.2(a)-(c),
335.47(a)(1),
335.41(d)(2),
335.1(105),
335.1(123),
305.50(a)(8),
305.44(b),
305.45(a)(7)(G),
305.50(a)(4)(A),
305.122(a),
335.201(a),
305.69(e)(2)(A),
306.69 Appendix I,
305.42(b),
335.261(b)(16)(F),
335.261(a), Chapter
324, as amended
effective through
October 29, 2009.
9. Cathode Ray Tubes Rule. 71 FR 42928- Texas Water Code
(Checklist 215). 42949, July 28, Annotated Sections
2006. 5.103 and 5.105,
7.031, Texas Health
& Safety Code
Annotated Section
361.024, 361.082;
Texas Administrative
Code, Chapters
335.1(17),
335.1(35),
335.1(36),
335.1(37),
335.1(138)(A)(iv),
as amended effective
through October 29,
2009.
10. Exclusion of Oil-Bearing 73 FR 57-72, Texas Water Code
Secondary Materials Processed January 2, 2008. Annotated Sections
in a Gasification System to 5.103 and 5.105,
Produce Synthesis Gas. Texas Health &
(Checklist 216). Safety Code
Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapter
335.1(64),
335.504(1), as
amended effective
through October 29,
2009.
11. NESHAP: Final Standards 73 FR 18970- Texas Water Code
for Hazardous Waste 18984, April 8, Annotated Sections
Combustors (Phase I Final 2008. 5.103 and 5.105,
Replacement Standards and Texas Health &
Phase II) Amendments. Safety Code
(Checklist 217). Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapter
335.152(a)(13) and
335.221(a), as
amended effective
through October 29,
2009.
12. F019 Exemption for 73 FR 31756- Texas Water Code
Wastewater Treatment Sludges 31769, June 4, Annotated Sections
from Auto Manufacturing Zinc 2008. 5.103 and 5.105,
Phosphating Processes. Texas Health &
(Checklist 218). Safety Code
Annotated Section
361.017 and 361.024;
Texas Administrative
Code, Chapter
335.504(2), as
amended effective
through October 29,
2009.
------------------------------------------------------------------------
H. Where are the revised State rules different from the Federal rules?
The State hazardous waste program is at least as equivalent to the
Federal program in all areas, except where the State program is more
stringent and broader in scope. The State of Texas Section 305.50(b)(1)
is more stringent than the Federal program, because the State request
from the owner/operator additional information that the executive
director determines is necessary from 40 CFR 270.14 including post-
closure cost estimates. Chapters 39.503, 305.653(b) through 305.661,
55.25 and 50.117(f) are more stringent than the Federal regulations at
40 CFR 124.207, 124.208 and 124.209 regarding public notice, public
comments and hearing on draft permit decisions and the requirements for
responding to comments. Other State regulations that are also more
stringent than the Federal regulations can be found at Sections
335.175(b)-(d), 335.175(c). There are also some rules that are broader
in scope because they cover both hazardous waste and Class 1 non-
hazardous waste, whereas the Federal regulations cover only hazardous
waste. Other differences contained in the current authorization
application are that of the Standard Permit public notice and financial
assurance requirements are broader in scope. Therefore, EPA cannot
authorize broader in scope provisions because the Agency cannot enforce
those regulations.
I. Who handles permits after the authorization takes effect?
The State of Texas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Texas is
not yet authorized.
[[Page 13205]]
J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Texas?
The State of Texas Hazardous Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA codifying Texas' hazardous waste
program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart SS for this authorization of Texas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective May 7, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 17, 2012.
Al Armendariz,
Regional Administrator, EPA Region 6.
[FR Doc. 2012-5376 Filed 3-5-12; 8:45 am]
BILLING CODE 6560-50-P
